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The 2020 Survey of Pharmacy Law is trademark and copyright protected. © 2019 by the National Association of Boards of Pharmacy. Survey of Pharmacy Law – 2020 Copyright 2019 Editor and Publisher National Association of Boards of Pharmacy 1600 Feehanville Drive Mount Prospect, IL 60056 www.nabp.pharmacy Carmen A. Catizone, MS, RPh, DPh Executive Director/Secretary ©2019 by the National Association of Boards of Pharmacy. All rights reserved. No part of this publication may be reproduced in any manner without the written permission of the executive director/secretary of the National Association of Boards of Pharmacy. Violation of the copyright will lead to prosecution under federal copyright laws. The terms “CPE Monitor,” “FPGEC,” “Foreign Pharmacy Graduate Examination Committee,” “FPGEE,” “Foreign Pharmacy Graduate Equivalency Examination,” “Pre-FPGEE,” “MPJE,” “Multistate Pharmacy Jurisprudence Examination,” “NABP,” “National Association of Boards of Pharmacy,” “NABPLAW,” “NAPLEX,” “North American Pharmacist Licensure Examination,” “Pre-NAPLEX,” “VIPPS,” “Verified Internet Pharmacy Practice Sites,” “VAWD,” “Verified-Accredited Wholesale Distributors,” “Verified Pharmacy Program,” and “VPP” are registered trademarks of the National Association of Boards of Pharmacy. The information contained in the NABP Survey of Pharmacy Law is furnished by the individual state boards of pharmacy. The National Association of Boards of Pharmacy is not responsible for the accuracy of the information. The 2020 Survey of Pharmacy Law is trademark and copyright protected. © 2019 by the National Association of Boards of Pharmacy. Preface to the Survey of Pharmacy Law ® ® The National Association of Boards of Pharmacy (NABP ) was founded in 1904, a full two years before the landmark Food and Drugs Act and 34 years prior to the enactment of the Federal Food, Drug, and Cosmetic Act. Its creation marked the entrance of organized state regulation into the practice of pharmacy. The original mission of NABP was to assist state boards of pharmacy in developing uniform standards for licensure and regulation and foster a system of reciprocity that would enable competent pharmacists to practice from state to state. In the 115 years since NABP was established, pharmacy and the laws regulating its practice have changed significantly. The state boards of pharmacy have made important advances from early efforts that centered on defining the qualifications necessary to be a pharmacist and to practice pharmacy at a time when no standards existed. Today, the state boards of pharmacy face new challenges and demands. Increasingly, government agencies and consumer groups are focusing their attention on pharmacist care and increased patient services. The state boards are being called upon to effectively regulate these patient care services without infringing upon the professional discretion of the pharmacist. In an increasing number of settings, it is the state board that serves as the sole guardian of patient safety. In addition, the advent of new technologies has encouraged the profession to consider alternate methods of providing pharmacist care. Practitioners, patients, and other interested parties are looking to the state boards to determine how to utilize and regulate electronic communication technologies and ensure patient confidentiality. The NABP Survey of Pharmacy Law serves as a guide through the maze that is pharmacy law. Through its charts and explanations, the Survey shows how the state boards are organized, how they function, and their requirements for licensure and licensure transfer. The Survey also offers an overview of the laws that regulate the prescribing and dispensing of medications and professional standards. The Survey of Pharmacy Law, however, provides only a sample of the laws that regulate the practice of pharmacy. ® NABP also maintains the NABPLAW Online database, which contains current, complete text of the pharmacy practice acts and state board of pharmacy regulations for all 50 United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, the Bahamas, and all Canadian provinces. For more information about NABPLAW Online, turn to page 145 or contact the NABP Professional Affairs department. If additional information or clarification on your state’s laws and rules is required, contact your state board of pharmacy. The board will work with you and help you gain a better understanding of your state law. The more you know about your state’s laws and regulations, the better you will be able to serve the public. At NABP, we believe it will be knowledgeable and informed pharmacists who will competently serve the public and confidently lead the profession in these exciting times. We are proud to be a part of this process. Carmen A. Catizone, MS, RPh, DPh Executive Director/Secretary National Association of Boards of Pharmacy The 2020 Survey of Pharmacy Law is trademark and copyright protected. i © 2019 by the National Association of Boards of Pharmacy. How to Use the Survey of Pharmacy Law The NABP Survey of Pharmacy Law serves as a convenient reference source for individuals who require an overview of the state laws and regulations that govern pharmacy practice. The Survey’s four chapters correspond to the principal areas of pharmacy law and census data. Each chapter is divided into sections, which contain charts and summaries that address specific pharmacy and related health care laws. The Organizational Law chapter provides an overview of the establishment and the authority of the state boards of pharmacy. The Licensing Law chapter addresses various pharmacist and pharmacy licensing issues, including required examinations for licensure, continuing education requirements, licensure transfer, and pharmacy and wholesaler licensure. The Drug Law chapter focuses on topics related to the prescribing and dispensing of drugs, such as the electronic transmission of prescriptions, prescribing and dispensing authority, drug product selection, and patient counseling requirements. The Census Data chapter provides demographic information about pharmacists and pharmacies. The Survey of Pharmacy Law pdf is intended for interactive use; for your convenience, bookmarks and active web links have been added to the pdf. Legend items and footnotes specified in each section provide detailed information about the designated topic. Colored text throughout the Survey denotes that a change was made from the previous year’s version. What’s New in the 2020 Edition? New this year, the Survey reports state responses to the following questions: In chart 2. Board Membership: What number of board members are required by law or regulation to be pharmacy technicians? In chart 9. Issuance of Pharmacist Licenses Through Licensure Transfer: Does state approve licensure for foreign-educated candidates who are not FPGEC-certified or is FPGEC certification mandatory for all foreign-educated license transfer applicants? In chart 17. Device Wholesale Distributor Licensure Requirements: Does state license dispensers of nonprescription medical devices that are not pharmacies? If yes, which agency? In chart 22. Electronic Prescriptions: Does state require electronic transmission of prescriptions? In chart 28. Independent Pharmacist Practice: Do pharmacists have independent authority to prescribe (not including collaborative practice agreements or statewide protocols)? Contributors Information in the Survey of Pharmacy Law is furnished by the individual state boards of pharmacy and is intended to supplement the knowledge of health care and legal professionals regarding pharmacy practice acts and board regulations. Data pertaining to Puerto Rico is taken from the 2016 edition. Data pertaining to Connecticut, Guam, and Missouri is taken from the 2019 edition. NABP would like to acknowledge the following organizations for reviewing and providing information to Sections 24 and 25, which pertain to prescribing and dispensing authority, and Sections 26 and 27, which pertain to possession of non-controlled legend drugs and possession of controlled substances: the American Association of Nurse Anesthetists and National Council of State Boards of Nursing. The information and data presented in the Survey of Pharmacy Law is advisory only and is not intended to render a legal opinion or replace sound judgment. Therefore, although the information is derived from published acts and regulations, the reader assumes sole responsibility for decisions made based upon its content. The 2020 Survey of Pharmacy Law is trademark and copyright protected. ii © 2019 by the National Association of Boards of Pharmacy.
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